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HomeMy Public PortalAboutCity of Webster GrovesTHE CODE OF WEBSTE R GROVES Stream Buffer Protection Chapter 83 CHAPTER 83. STREAM BUFFER PROTECTION REGULATIONS Section 83.010. Title. This Chapter shall be known, referred to and recited as the “Stream Buffer Protection Regulations” of the City of Webster Groves. Section 83.020. Purpose and Intent. a. Purpose: The purpose of this Chapter is to protect the public health, safety, environment and general welfare; to minimize public and private losses due to erosion, siltation and water pollution; and to maintain stream water quality by provisions designed to: 1. Create buffer zones al ong the streams of Webster Groves for the protection of water resources; and 2. Minimize land development within such buffers by establishing buffer zone requirements and by requiring authorization for any such activities. b. Intent: Stream buffers are necessary to protect the integrity of stream ecosystems and habitats. Stream buffers also protect development by maintaining the integrity of the natural storm water drainage systems. Natural streams meander and change their channel over time, and structures b uilt too close to a stream are at risk, or may require expensive remedial protection. Stream Buffers provide numerous benefits including: 1. Protecting, restoring and maintaining the chemical, physical and biological integrity of streams and their water resources; 2. Removing pollutants delivered in urban stormwater; 3. Reducing erosion and controlling sedimentation; 4. Protecting and stabilizing stream banks; 5. Providing for infiltration of stormwater runoff; 6. Maintaining base flow of streams; 7. Contributing organic matter that is a source of food and energy for the aquatic ecosystem; 8. Providing tree canopy to shade streams and promote desirable aquatic habitat; 9. Providing riparian wildlife habitat; THE CODE OF WEBSTER GROVES Stream Buffer Protection Chapter 83 10. Furnishing scenic value and recreational opportunity; and 11. Providing opportunities for the protection and restoration of greenspace. Section 83.030. Definitions. For the purpose of this Chapter, the following terms, phrases, words, and their derivations shall have the meanings given herein. Where terms are not defined by this section, such terms shall have ordinarily accepted meanings such as the context implies. The definitions follow in alphabetical order: Buffer: With respect to a stream, a natural or enhanced vegetated area (established by Section 83.050 below) lying adjacent to the s tream. Building Commissioner: The Building Commissioner of the City of Webster Groves, Missouri or his/her duly authorized designee. City: City of Webster Groves, Missouri. Clearing: Any activity that removes the vegetative surface cover. Code of Webst er Groves: The Revised Code of Ordinances of the City of Webster Groves, Missouri as amended from time to time. Department of Finance: The Department of Finance of the City of Webster Groves, Missouri acting through its Director, or their duly authorized designee. Department of Parks and Recreation: The Department of Parks and Recreation of the City of Webster Groves, Missouri acting through its Director, or their duly authorized designee. Department of Planning and Development: The Department of Plannin g and Development of the City of Webster Groves, Missouri acting through the Director of Planning and Development, or their duly authorized designee. Department of Public Works: The Department of Public Works of the City of Webster Groves, Missouri acting through its Director, or their duly authorized designee. Erosion: The wearing away of land surface through the action of wind or water. Grading: Reshaping the ground surface through excavation and/or fill of material, including the resulting conditions. THE CODE OF WEBSTER GROVES Stream Buffer Protection Chapter 83 Impervious Cover: Any manmade paved, hardened or structural surface regardless of material. Impervious cover includes, but is not limited to, rooftops, buildings, streets, roads, decks, swimming pools and any concrete or asphalt. Land Development: Any land change including, but not limited to, clearing, grubbing, stripping, removal of vegetation, dredging, grading, excavating, transporting and filling of land, construction, paving and any other installation of impervious cover. Land Development Activity: Those actions or activities which comprise, facilitate or result in land development. Land Disturbance: Any land or vegetation change, including, but not limited to, clearing, grubbing, stripping, removal of vegetation, dredging, grading, excavating, transporting and filling of land, that do not involve construction, paving or any other installation of impervious cover. Land Disturbance Activity: Those actions or activities such as clearing, grading or any other land disturbance related work which results in removal of the natural site vegetation and destruction of the root zone or otherwise results in leaving the ground surface exposed to soil erosion through the action of wind or water. Protection Area or Stream Protection Area: With respect to a stream, the combined areas of all required buffers and setbacks applicable to such stream. Stream Bank: The sloping land that contains the stream channel and the normal flows of the stream. Where no established top-of -bank can be determined, the stream bank will be the "ordinary high water mark" as defined by the Corps of Engineers in Title 33 of the Code of Federal Regulation, Part 328.3. Stream Channel: The portion of a watercourse that contains the base flow of the stream. Watercourse: A natural or artificial channel or body of water, including but not limited to, creeks, streams, ditches and other open conveyances that carry surface runoff water either continuously or intermittently that are identified by a “blue line” on a United States Geological Sur vey (USGS) Map. THE CODE OF WEBSTER GROVES Stream Buffer Protection Chapter 83 Section 83.040. Applicability. This Chapter shall apply to all land development activity on property containing a stream protection area as defined in Section 83.030 of this Chapter. The provisions of this Chapter shall not be deemed to nullify any provisions of City, state or federal law. When a conflict occurs between this Chapter and any other legally adopted provision, the most stringent shall apply. a. Provisions for Pre -existing Conditions. This Chapter shall not apply to the following activi ties: 1. Work consisting of the repair or maintenance of any lawful use of land that is zoned and approved for such use on or before the effective date of this Chapter. 2. Existing development and ongoing land disturbance activities including, but not limited to, existing agriculture, silviculture, landscaping, gardening and lawn maintenance, except that new development or land disturbance activities on such properties will be subject to all applicable buffer requirements. 3. Any land development activity that is under construction, fully approved for development, scheduled for permit approval or has been submitted for approval prior to the effective date of this Chapter. 4. Land development activity that has not been submitted for approval but that is part of a larger master development plan, such as for an office park or other phased development that has been previously approved within two (2) years of the effective date of this Chapter. b. Exemptions. The following specific activities are exempt from this Chapter. Exem ption of these activities does not constitute an exemption for any other activity proposed on a property. 1. Activities for the purpose of building one (1) of the following: A. A stream crossing by a driveway, transportation route or utility line; B. Public water supply intake or public wastewater structures or stormwater outfalls; C. Intrusions necessary to provide access to a property; D. Public access facilities that must be on the water, including boat ramps, docks, foot trails leading directly to the river, fishing platforms and overlooks; E. Unpaved or pervious foot trails and paths; THE CODE OF WEBSTER GROVES Stream Buffer Protection Chapter 83 F. Activities to restore and enhance stream bank stability, vegetation, water quality and/or aquatic habitat, so long as native vegetation and bioengineering techniques are used. 2. Land devel opment activities within a right-of -way existing at the time this Chapter takes effect or approved under the terms of this Chapter. 3. Within an easement of any utility existing at the time this Chapter takes effect or approved under the terms of this Chapter, land disturbance activities and such impervious cover as is necessary for the operation and maintenance of the utility including, but not limited to, manholes, vents and valve structures. 4. Emergency work necessary to preserve life or property. However, when emergency work is performed under this Chapter, the person performing it shall report such work to the Department of Planning and Development or the Department of Public Works, as applicable, on the next business day after commencement of the work. Within ten (10) days thereafter, the person shall apply for a permit and perform such work within such time period as may be determined by the Authority Having Jurisdiction to be reasonably necessary to correct any impairment such emergency work may have caused to the water conveyance capacity, stability or water quality of the protection area. 5. Forestry and silviculture activities on land that is zoned for forestry, silvicultural or agricultural uses and are not incidental to other land development activity. If such activity results in land disturbance in the buffer that would otherwise be prohibited, then no other land disturbing activity other than normal forest management practices will be allowed on the entire property for three (3) years after the end of the activities that intruded on the buffer . 6. Any activities approved under a 404 permit issued by the Corps of Engineers and 401 water quality certification issued by the Missouri Department of Natural Resources. After the effective date of this Chapter, it shall apply to new subdividing and platting activities. Any land development activity within a buffer established hereunder or any impervious cover within a setback established hereunder is prohibited unless a variance is granted pursuant to Section 83.060 below. THE CODE OF WEBSTER GROVES Stream Buffer Protection Chapter 83 Section 83.050. Natural Watercourse Protection. a. Buffer Area Established: An undisturbed natural vegetative buffer shall be maintained within fifty (50) feet of the top of bank of Deer Creek or Shady Grove Creek , measured horizontally, on both banks (as applicable) of the stream as measured from the top of the stream bank. For all other natural watercourse depicted on the most current United States Geological Survey (U.S.G.S.) 7.5 Minute Series (Topographic) Maps for the City of Webster Groves, Missouri , an undisturbed natural vegetative buffer shall be maintained for twenty-five (25) feet, measured horizontally, on both banks (as applicable) of the stream as measured from the top of the stream bank. b. Permanent vegetation and existing ground elevations and grades within the above-mentioned buffer areas shall be left intact and undisturbed except as permitted below. c. If no top of bank is apparent, the ten-year, 24-hour or 15-year, 20-minute water surface elevation as determined by the Flood Insurance Study for St Louis County Missouri and incorporated areas dated August 2, 1995 as amended, will determine the top of bank. d. The top of bank and the buffer area shall be depicted on the grading plan. e. Any permit applications for property requiring buffers and setbacks hereunder must include the following: 1. A site plan showing: A. The location of all streams on the property; B. Limits of required stream buffers and setbacks on the property; C. Buffer zone topography with contour lines at no greater than five (5) foot contour intervals; D. Delineation of forested and open areas in the buffer zone; and E. Detailed plans of all proposed land development in the buffer and of all proposed impervious cover within the setback. 2. A description of all proposed land development within the buffer and setback; and THE CODE OF WEBSTER GROVES Stream Buffer Protection Chapter 83 3. Any other documentation that the City of Webster Groves Department of Planning and Development may reasonably deem necessary for review of the application and to insure that the Stream Buffer Protection Regulations are addressed in the approval process. f. All buffer and setback areas must be recorded on the final plat of the property following plan approval. A note to reference the vegetated buffer shall state: "There shall be no clearing, grading, construction or disturbance of vegetation except as permitted by the Stream Buffer Protection Regulations.” 83.060. Administration and Enforcement. a. Building Commissioner: The Building Commissioner shall have the authority and responsibility to ensure that no unauthorized activity will take place within the buffer areas as outlined in this Chapter. 1. Coordination with Coordination With Other Departments: Whenever in the enforcement of this Chapter or any other code or ordinance, the responsibility of more than one department of the jurisdiction is involved, it shall be the duty of the respective departments involved to coordinate their inspections and administrative orders as fully as practicable s that the owners and occupants of the land shall not be subjected to visits by numerous inspectors or multiple or conflicting orders. Whenever an inspector from any agency or department observes an apparent or actual violation of some provision of some law, ordinance or code not within the inspector’s authority to enforce, the inspector shall report the findings to the department having jurisdiction. THE CODE OF WEBSTER GROVES Stream Buffer Protection Chapter 83 b. Rule-making authority: The Building Commissioner shall have the authority, as necessary in the interest of public health, safety and general welfare, to adopt and promulgate rules and regulations to interpret and implement the provisions of this Chapter, in order to secure the intent thereof, and to designate requirements applicable because of local conditions. Such rules and regulations shall not have the effect of waiving requirements specifically provided for in this Chapter or of violating accepted engineering practices involving the purpose of this Chapter. c. Administration and enforcement: The Building Commissioner may delegate responsibility for the administration and enforcement of the provisions of t his Chapter to other agencies including but not limited to the Department of Planning and Development of the City of Webster Groves, the Department of Public Works of the City of Webster Groves, the Department of Finance of the City of Webster Groves, and the Department of Parks and Recreation of the City of Webster Groves. d. Variance Procedures 1. The Board of Adjustment as established by the City of Webster Groves shall hear and decide appeals and requests for variances from the requirements of this Chapter . 2. The Board of Adjustment shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the Building Commissioner in the enforcement or administration of this Chapter. 3. Any person aggrieved by the decision of the Board of Adjustment or any taxpayer may appeal such decision to the Circuit Court as provided in R.S.Mo. 1969, as amended. 4. Requests for variances shall be based on the following: When, by reason of exceptional narrowness, shallowness, or shape of a specific piece of property as of September 20, 1956, or by reason of exceptional topographical conditions or other extraordinary or exceptional situation or condition of a specific piece of property, which condition is not generally prevalent in the neighborhood, the strict application of the area regulations of these Stream Buffer Protection Regulations would result in peculiar and exceptional practical difficulties to or exceptional and undue hardship upon the owner of such property. Section 83.070. Violations. a. Unlawful acts: It shall be unlawful for any person, firm, corporation or other entity to perform any activities, or cause or allow same to be done in conflict with or in violation of any of the provisions of this Chapter. b. Notice of Violation: W hen the Building Commissioner determines that a violation of this Chapter exists, the Building Commissioner shall notify the violator. The notification shall be in writing and shall be delivered to the THE CODE OF WEBSTER GROVES Stream Buffer Protection Chapter 83 violator or their legally authorized representative or mailed to their last known address via first class mail postage prepaid. Any person having been so notified that a violation exists and who fails to abate the violation within ten (10) days after said notification, shall be subject to the penalt ies enumer ated in d. below. c. Prosecution of Violation: If the violator does not abate the violation within ten days of notification as set forth in b. above, the Building Commissioner shall request the City Attorney to institute the appropriate proceeding at law or in equity to restrain, correct or abate such violation. d. Violation, Penalties: Any person, firm, corporation or other entity who shall violate any provision of this Chapter, or who shall fail to comply with any of the requirements herein, or who shall perform work in violation of this Chapter, or any directive of the Building Commissioner, or of a permit or certificate issued under the provisions of this Chapter, or who shall start any work requiring a permit without first obtaining a permit therefore, or who shall continue any work in or about the area protected by the Stream Buffer Protection Regulations after having been served a stop-work order, except for such work which that person, firm or corporation has been directed to perform to remove a violati on or unsafe condition, or any person who commits, takes part or assists in any violation of this Chapter or who maintains any property on which such violation shall exist, shall be guilty of a violation, punishable by a fine of not more than one thousand dollars ($1,000.00) or by imprisonment not exceeding ninety (90) days, or both such fine and imprisonment. Each day that a violation continues shall be deemed a separate offense. e. Abatement of violation: The imposition of the penalties herein prescribed shall not preclude the City Attorney from instituting appropriate action to prevent unlawful construction or to restrain, correct or abate a violation, or to prevent illegal use of a property or to stop an illegal act. f. Stop Work Order: Upon notice from th e Building Commissioner that work on any property is being prosecuted contrary to the provisions of this Chapter or in an unsafe and dangerous manner, such work shall be immediately stopped. The stop work order shall be in writing and shall be posted on th e property, or given to the owner of the property involved, or to the owner's agent, or to the person doing the work; and shall state the conditions under which work will be permitted to resume. Where an emergency exists, the Building Commissioner shall n ot be required to give a written notice prior to stopping the work. g. Unlawful Continuance: Whenever a stop work order has been issued as provided herein, the owner or the person performing such work shall immediately stop such work. Any person, who shall c ontinue any work in THE CODE OF WEBSTER GROVES Stream Buffer Protection Chapter 83 or about the property after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be subject to penalties as specified in Section 83.060 d. of this Chapter. (Ord. No. 8813, § 1, 10-15-2013)